H.B. 103 Enrolled

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WIRELESS TELEPHONE USE RESTRICTIONS

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2013 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Lee B. Perry

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Senate Sponsor:
Lyle W. Hillyard

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LONG TITLE
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General Description:
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This bill modifies the Motor Vehicles Code by amending provisions relating to a person
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younger than 18 years of age using a wireless telephone while operating a motor
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vehicle.
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Highlighted Provisions:
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This bill:
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. prohibits a person younger than 18 years of age from using a wireless telephone to
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communicate with another person while operating a motor vehicle;
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. provides affirmative defenses to the wireless telephone prohibition;
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. specifies a penalty for violating the wireless telephone prohibition;
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. provides that a violation of the wireless telephone prohibition is not a reportable
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violation; and
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. prohibits the Driver License Division from assessing points against a person's
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driving record for being convicted of violating the wireless telephone prohibition.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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ENACTS:
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41-8-4, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
41-8-4
is enacted to read:
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41-8-4. Operation of a vehicle by a person under 18 -- Use of wireless telephones
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prohibited -- Exceptions -- Penalty.
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(1) Except as provided in Subsection (2), a person younger than 18 years of age,
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whether a resident or nonresident of this state, may not use a wireless telephone to
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communicate with another person while operating a motor vehicle upon a highway of this state.
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(2) It is an affirmative defense to a violation of this section that a person younger than
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18 years of age was using a wireless telephone while operating a motor vehicle:
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(a) during a medical emergency;
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(b) when reporting a safety hazard or requesting assistance relating to a safety hazard;
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(c) when reporting a criminal activity or requesting assistance relating to a criminal
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activity; or
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(d) when communicating with a parent or legal guardian.
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(3) A person who violates this section is guilty of an infraction and shall be fined a
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maximum of $25.
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(4) (a) A violation of this section is not a reportable violation.
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(b) The Driver License Division may not assess points under Section
53-3-221
against
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the driving record of the person who violates this section.